HomeMy WebLinkAboutMemo of Understanding/Winnebago County/OFD CITY OF OSHKOSH
LEGAL DEPARTMENT
215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130
PHONE: (920) 236-5115 FAX(920) 236-5106
LETTER OF TRANSMITTAL
To: Winnebago County Date: August 13, 2014
PO Box 2808 Project: N/A
Oshkosh, WI 54903-2808 From: Carol Marchant, Adm. Assistant
Re: Memorandum of Understanding
Attn: Sheriff John Matz between the Winnebago County
Sheriff and the Oshkosh Fire Dept.
Please find: ® Attached ❑ Under Separate Cover
❑ Copy of Letter ® Agreement ❑ Amendment El Report ❑ Agenda
El Meeting Notes ❑ Photos ❑ Mylars El Change Order ❑ Plans
❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other
Quantity Description
1 Signed Original of the Memorandum of Understanding between the Winnebago
County Sheriff and the Oshkosh Fire Department
These are being transmitted as indicated below:
❑ For Approval ® For Your Use ❑ As Requested ❑ For Review& Comment
Remarks:
cc: City Clerk (original)
Fire Chief(copy)
City Attorney (copy)
•
MEMORANDUM OF UNDERSTANDING
Between the
Winnebago County Sheriff's Office
And the
Oshkosh Fire Department
Under the authority of Sec. 66.0301 of Wis. Stats., this agreement is entered into between the
Oshkosh Fire Department and the Winnebago County Sheriff's Office. The purpose of this
agreement is to define the role and responsibilities of the Parties, limited to, and as they relate
to the rescue resppnse of a Search and Rescue Craft (SRC), to that area of Winnebago County as
outlined under the provisions below. This agreement is entered into by both parties, with the
intent to provide life saving services for the citizens of Winnebago County. The terms and
conditions for this reciprocal mutual aid rescue agreement are as follows:
1. The Sheriff's Office as its option may provide to the Oshkosh Fire Department, a
serviceable SRC, with appropriate trailer to be used for rescue operations and
training. Any use of the SRC outside of rescue operations and training will be
approved by the Sheriff or his/her designee prior to use.
2. The Winnebago County Sheriff's Office will be responsible to provide funding for
routine repair and maintenance concerning the SRC and trailer. Minor or routine
maintenance may be voluntarily performed by Oshkosh Fire Department personnel.
3. Any damage to the SRC while under the operation of the Oshkosh Fire Department
will be reported to the Sheriff's Office in a detailed written report describing the
damage and how it occurred. A damage review will be conducted by a panel
consisting of a Sheriff's Office Lieutenant, a member of the Oshkosh Fire Department
Command Staff, and a member of the Oshkosh Fire Department line staff. Damage
determined to be unavoidable, or normal wear and tear, will be repaired and paid for
by the Winnebago County Sheriff's Office. Damage determined to be avoidable will
be repaired and paid for by the Oshkosh Fire Department. in the case of minor
damage that does not affect the operation of the SRC, the Sheriff or a designee will
determine if the repair will be made.
4. The Winnebago County Sheriff's Office will maintain all ownership of the SRC.
5. Both parties may solicit private funding for improvements or equipment for the SRC.
Any modifications to the SRC will require approval from the Sheriff or his/her
designee.
6. Winnebago County shall provide accident insurance; including liability, property, and
physical damage coverage on the SRC and trailer, and agrees to waive subrogation
against the City of Oshkosh except for the liability provisions contained within this
agreement.
7. The Oshkosh Fire Department will provide storage for the SRC during the season of
use, and personnel to operate the unit when available. When qualified personnel are
available the Oshkosh Fire Department will respond for emergency search and rescue
operations within their designated area of response, as described in E911 Advisory
Directive PSD#4 (see attachment). If the above described directive is amended by
the E911 Committee, the Parties hereby agree to automatically adopt the directive as
amended. The Oshkosh Fire Department will also provide an appropriate tow vehicle
for emergency response.
8. The Sheriff or his/her designee has the authority to request the Oshkosh Fire
Department to respond to an emergency search and rescue incident where the
Sheriff believes that the use of the SRC is necessary. The Oshkosh Fire Department
will then respond to all such calls, unless the Fire Department has insufficient staffing
available to operate the SRC. In such an event the Fire Department will immediately
advise the Sheriff's Office. The Sheriff's Office may then retrieve the SRC and use
Sheriff's Office Personnel to staff it.
9. The Sheriff's Office will have access to, and staff the SRC when it is needed for patrol,
search and rescue, dive operations and training. In the case of a joint search and
rescue operation, Sheriff's Office personnel will take over operation of the SRC at an
appropriate time,when staffing allows. In case of conflict, the Sheriff or his/her
designee will have final authority to designate use of the SRC.
10. Personnel will be properly trained to operate the SRC according to manufacturer's
operating guidelines.
11. Each party will be responsible for all wages and related costs for its personnel when
operating the SRC.
12. If any use of the SRC by either party may extend outside of Winnebago County, notice
of such use should be extended to the other party, and to the backup provider, and
will be approved by the Sheriff or his/her designee.
13. Winnebago County and the City of Oshkosh will each maintain adequate commercial
insurance protections against all loss from liability, worker's compensation, property
and marine craft physical damage in accordance with the indemnification provisions
of this agreement.
a. Workers Compensation and Employers' Liability - Workers' Compensation
statutory - in compliance with the Compensation law of the State and Employers'
Liability insurance with a limit no less than $100,000 each accident.
b. Comprehensive or Commercial General Liability with a minimum limit of$1,000,000
per occurrence/$1,000,000 aggregate combined Single Limit for Bodily Injury and
Property Damage Liability.
14. Subject to any limitations contained In Sec. 893.80 and any similar statute, of the
Wisconsin State Statutes, the City agrees to hold the County, its officers, officials,
employees, and agents harmless from any and all liability, including claims, demands,
losses, costs, damages and expenses of every kind and description (including death),
or damages to person or property arising out of the terms of this Agreement where
such liability is founded upon or grows out of the acts of omission of any City's
officers, employees, or agents while acting within the scope of their employment.
15. Subject to any limitations contained in Sec. 893.80 and any similar statute, of the
Wisconsin Statutes, the County agrees to hold the City, its officers, officials,
employees and agents harmless from any and all liability, including claims, demands,
losses, costs, damages and expenses of every kind and description (including death),
or damages to person or property arising out of the terms of this Agreement where
such liability is founded upon or grows out of the acts of omission of any County's
officers, employees or agents while acting within the scope of their employment.
a. In addition, Winnebago County will indemnify and save harmless the City of
Oshkosh from and against any and all losses, claims, demands, penalties, fines,
causes of action, costs, damages, expenses and liability (including statutory
liability under Worker's Compensation or Unemployment Compensation),
including without limitation, any attorney or consultant fees, investigation fees,
court costs and litigation expenses, and other costs of defense arising out of or in
any manner related to product liability or other claims related to the
performance of rescue equipment under the terms of this agreement.
16. Nothing In this agreement is intended as a waiver of either party's right or
opportunity to rely upon the governmental limitations and immunities contained
within Wisconsin law. Municipal immunities and limitations include, but are not
limited to, Sections 345,05, 893.80 and 893.83, Wisconsin Statutes. Such damage
limits, caps and immunities are intended to be preserved and are incorporated into
this agreement and shall govern all disputes, contractual or otherwise, as they apply
to the parties and their agents, officers, and employees.
17. All wages and disability payments, pensions and Worker's Compensation claims,
clothing and medical expenses relating to the use, training and maintenance of the
SRC will be paid by the agency regularly employing such employee or officer.
18. This agreement will expire on December 31, 2014, but shall automatically renew
according to these terms for successive one-year periods unless either party gives the
other not less that sixty days advance notice. Either party may cancel this agreement
at any time, provided that a thirty-day written notice is provided to the other party.
19. For the purposes of notice or any other issue relating to this agreement,the Sheriff
for Winnebago County and the Fire Chief for the City of Oshkosh are designated as
the responsible parties.
20. Should any provision of this agreement be determined to be illegal by any Court, it is
intended that all other provisions of the agreement will remain in force.
WINNEBAGO CO
0
Y SHERIFF OFFICE CITY IAOSHKOSH la
BY: 1 BY: v� 7
Sheriff J-• Matz MP John / Fitzpatrick, A... :nt ity Manager
DATE: o s ios-114 DATE: O. O.
BY: __ _
' I i _ S, __ _ (/ 1
Paine a '. j.rig, 1 y C er --
Approved as to form:
(2.,,,j..,, a. C3c,".%,-,ti----
in Bodnar,Winnebago County Corporation Counsel
; l I
a y. ynn Loren5eshkosh City Attorney
•
I
WINNEBAGO COUNTY SHERIFF'S OFFICE
COMMUNICATIONS CENTER PROCEDURE
SUBJECT: ICE/COLD WATER RESCUE
ISSUING AGENCY: Fire E911
PROCEDURE NUMBER: PSD#04
AUTHORIZED BY: Advisory Committee (August 25, 1994)
EFFECTIVE DATE: January 1, 1994
REVIEWED DATE:
REVISED DATE: November 1, 2004
PURPOSE:
To ensure the timely and adequate dispatching of appropriate ice/cold water rescue teams
for rescues in Winnebago County.
PROCEDURES:
The Winnebago County Sheriff's Office (WCSO) has the responsibility to provide a safe and
adequate response to all reports/request of citizens in need of rescue on the waterways of
Winnebago County. Winnebago County Communication Center will gather initial
information and dispatch appropriate search and rescue (SAR) resources. A representative
of WCSO will establish a unified command system with the assisting rescue agency when
other county resources are deployed.
1. Determine the nature of the ice/cold water rescue.
a. Location of the incident
b. Number of people involved
c. Reporting party information and call back number.
d. Gather amplifying information if available: This may be done in conjunction or
after dispatching of county ice/cold water rescue resources. (Examples follow)
>Where did they leave shore?
>GPS position?
>How far are they from shore?
>Length of time in water or ice flow?
>Color of clothing?
Yls assistance being rendered
>Are subjects in/on any vehicle or on foot
>What were subjects doing?
>Are any people nearby?
➢Do they have any visual distress signals?
>Weather on-scene?
1
PSD 404
2. Dispatch appropriate ice rescue resources. (Based on CAD recommendation and/or
county ice rescue map)
a. Ice rescue craft from all responding agencies that possesses such craft.
(hovercraftlairboat) (All boats, hovercrafts and airboats will have a unit
designator of B in CAD, i.e. 015B, Y28B)
b. Fire department of jurisdiction for shore support
c. Ambulance of jurisdiction for EMS support
d. First responder of jurisdiction for EMS support
e. Law enforcement officer of jurisdiction.
3. Dispatch/assign WCSO deputy.
4. Notify WCSO shift commander.
5. Provide 15-minute time checks from time incident is dispatched.
6. Maintain incident log in CAD.
7. When requested by the IC, the communication center will contact the requested outside
agency resource(s). (Air support, USCG, USCG Auxiliary, dive team, county mobile
command post, WDNR, etc) The IC will advise where they would like the resource(s) to
respond to, and provide a phone number and/or frequency to be given to the
resources) responding with which to contact the IC.
(. 8. For incidents where jurisdictional fire and EMS can not be determined, communication
center will advise WCSO shift commander in determining needed resources.
9. Operating ice rescue crafts will provide lat/long and/or geographical positions each time
they receive a 15-minute time check from the communications center. This information
will be recorded in the CAD incident log.
10. The Sheriff or designated representative has the authority to suspend search activities
in the event of an unsuccessful rescue or recovery.
REQUESTS FOR ASSISTANCE FROM OUTSIDE OF WINNEBAGO COUNTY
Requests for assistance outside of Winnebago County shall be referred to the WCSO shift
commander for assistance in dispatching Winnebago County resources.
2
PSI)#04
RESOURCE LIST
United States Coast Guard
Air Station Traverse City, MI
Phone: Emergency 231-922-8211
United States Coast Guard
Station Two Rivers, WI
13 East Street
Two Rivers, WI 54241
Phone:Emergency 920-793-1304
Business 920-793-1305
Fax 920-793-4587
United States Coast Guard
Auxiliary Neenah/Menasha Flotilla, WI
Phone: (When operational) 920-725-8027
Mike Hofensperger(H) 920-731-9174
(C) 920-209-2038 (P) 920-323-8137
Eagle III
Phone: 1-877-332-4533 1-920-469-8977
Or dispatch on point to point to Brown County Dispatch.
WISCONSIN DEPARTMENT OF EMERGENCY MANAGEMENT:
Phone: 1-800-943-0003
For requesting Civil Air Patrol or other state and federal resources.
Wisconsin Department of Natural Resources
Phone: 920-424-3050
3
PSD#04